Complaints Handling Policy
Making a Complaint
Do you have a complaint or a concern? If so, please share it with us. It is important that you let us know of your concerns so that we can address them.
This information and accompanying booklet is designed to encourage members of our community to make their complaints and concerns known in a constructive, effective manner and to offer help and advice on how to go about it.
Complaints have an important role in helping improve the policies and procedures of the Shire, and of all public service organisations. They help not only in resolving the particular problems of the complainant but, by identifying problems in the way things are done, they often lead to changes that benefit everybody.
So, don’t be shy about complaining – you have a right to have your concerns considered. If we are unable to address the problem directly, we will endeavour to direct you to the most appropriate authority to deal with your complaint.
If the complaint is within the governance of the Shire and you are still dissatisfied with the outcome after we have considered your complaint, you have the right to take your complaint to the Ombudsman (or, depending on the nature of your complaint, to another statutory review authority).
If you need any further advice on how to make a complaint or wish to discuss any point raised in this information and accompanying booklet, please make an appointment to see one of our Complaints Officers.
Getting Started
Contact us with your complaint as soon as possible. The longer you wait the less clear facts can become and the harder it can be to find a solution.
Before making your complaint, it will be helpful if you have a very good understanding of what you believe the problem to be, and also what you would like to happen to fix the problem. Try to summarise in a couple of sentences exactly what your complaint is. This way we can accurately record the complaint for you. The reason that we ask for the complaint to be put in writing is to ensure that your complaint is presented fairly in your own words.
Tackle the problem, not the person. Politeness will assist you in having your complaint taken seriously. What you are complaining about may have been an innocent mistake or an oversight which would not normally happen. Being rude or accusing may just encourage people to be defensive – it may also make your complaint appear to be vexatious, especially if your proposed solutions are punitive rather than being beneficial to the aggrieved person.
Once all avenues in our Complaints Handling Procedures have been exhausted, the complaint can be referred in writing to the Ombudsman.
Complaints Officers
The Executive Managers of each of our Council departments are the nominated Complaints Handling Officers for the Shire: - Executive Manager Corporate Services
- Executive Manager Technical & Development Services
- Executive Manager Community Development
If your complaint cannot be resolved in the first instance by the employee taking the complaint or their manager, your complaint will be referred to the most relevant Complaints Handling Officer.
If the Complaints Handling Officer believes that your complaint would more appropriately be directed to another external agency, he or she will let you know and will provide you with the name and address of that agency.
If the Complaints Handling Officer is unable to satisfactorily resolve your complaint, it may be because he or she does not have the authority to deal with the matter. In these circumstances, he or she will refer the complaint to the Chief Executive Officer for consideration.
If the Chief Executive Officer is unable to satisfactorily resolve your complaint, he or she will, at his or her discretion, refer the complaint to the next available Council meeting for consideration, provided that the Chief Executive Officer is of the opinion that the person aggrieved has a sufficient personal interest in the matter raised in the complaint and that the complaint is not vexatious and is made in good faith. He or She will notify you in writing of his or her course of action. You will then be notified in writing of the outcome of the Council Meeting.
Complaints that will not be dealt with
The Complaints Handling Officer and/or the Chief Executive Officer has the right to use his or her discretion in referring your complaint and will not deal with your complaint if he/she is of the opinion that: - The person aggrieved has not a sufficient personal interest in the matter raised in the complaint; or
- The complaint is vexatious or not made in good faith.
If we decide not to deal with a complaint for one of these reasons, we will advise the complainant in writing and will set out the reasons for the decision.
The complainant can still appeal to the Ombudsman formally in writing once all local avenues for resolution have been exhausted.
Appeals
If a complaint has been considered by a Complaints Officer, the Chief Executive Officer and/or the Council and you are still dissatisfied with the outcome, you should take the matter up with the Parliamentary Commissioner for Administrative Investigations (Ombudsman).
Some matters are more appropriately directed to agencies other than the Ombudsman, particularly where there is a statutory appeal process or another authority. These include: - Building (including demolition) matters where an application is refused or the applicant is dissatisfied with the conditions of approval. In these cases, there is a statutory avenue of appeal to the Minister for Local Government.
- Planning matters, such as refused applications for planning consent or where the applicant is dissatisfied with the conditions of approval. In these cases, appeals may be lodged to the Minister for Planning and Infrastructure or the Town Planning Appeals Tribunal.
- In the case of notices served that a dwelling is unfit for human habitation; an appeal may be lodged within 14 days to the Executive Director of Public Health.
- Where an Environmental Health Officer inspects a food premises and refuses to give a certificate that the premises are clean, the proprietor may appeal within 14 days to a local court.
- In the case of notices issued requiring works to be undertaken on dwellings under Section 137 of the Health Act or a works order issued on food premises, there is provision for an appeal to be lodged within 21 days at a Court of Petty Sessions.
- On electoral matters there is provision for appeal to a Court of Disputed Returns.
- Objections relating to land valuation must be lodged with the Valuer General’s Office in the first instance and subsequently to the Land Valuation Tribunal.
- Objections in respect of rates should be made to the Council in the first instance, and subsequently to the Land Valuation Tribunal. Section 6.81 of the Act provides that the making of an objection or an appeal in respect of rates does not affect the liability to pay any rate or service charge imposed pending determination of the objection or appeal.
- Complaints of an industrial nature are to be dealt with by the Australian Industrial Commission.
- Special Commissioners and/or tribunals exist to deal with unlawful discrimination, equal employment opportunities, residential tenancy issues and issues affecting the rights of disabled persons.
A list of addresses and other contact information is included in the back of the accompanying booklet. If the agency you are looking for is not included, the Chief Executive Officer may be able to assist in finding an address.
Documents
| File Type | File Size | File Name | File Description |  | 154kb | Complaints Handling | Booklet detailing the complaints handling policy of the Shire of Derby/West Kimberley. |
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